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HomeMy WebLinkAbout1984-076-04/24/1984-REGARDING A CONSTRUCTION AGREEMENT WITH THE FORT COLLINS MUNICIPAL RAILWAY SOCIETY RESOLUTION 84-76 OF THE COUNCIL OF THE CITY OF FORT COLLINS REGARDING A CONSTRUCTION AGREEMENT WITH THE FORT COLLINS MUNICIPAL RAILWAY SOCIETY WHEREAS, the City of Fort Collins entered into a CONSTRUCTION AGREE- MENT on the 17th day of March, 1981 with the FORT COLLINS MUNICIPAL RAILWAY SOCIETY, therein referred to as the "Society"; and WHEREAS, the City has reviewed the work and performance of the Society in performing its obligations under the Construction Agreement; and WHEREAS, the City is willing to allow the Trolley Society to proceed with work under the terms of the Construction Agreement under certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1. The Society shall be allowed to continue its performance under the Construction Agreement entered into with the City on the 17th day of March, 1981 only upon the following conditions: a. The City shall strictly construe their requirement that the Society shall not begin construction on any phase of the project prior to receiving approval to proceed by the City. No work shall progress unless all prior construction has been inspected and approved. b. The trolley car shall be completed and fully restored to a safe operating condition not later than December 31, 1984. c. Phases II and III of the Construction Agreement shall be completed not later than December 31, 1984. d. The electrical overhead wires shall be installed from the trolley barn to the loading area in City Park not later than December 31, 1984. The completeness of all work on Phases I, II and III shall be demonstrated not later than December 31, 1984 by the safe operation of the trolley car on all completed phases of the trolley track system. 2. No work shall be commenced on any portion of Phase IV, V or VI on Mountain Avenue, including the removal of any trees, shrubs or vegetation, until all work has been satisfactorily completed on Phases I, II and III, the trolley car has been fully restored to a fully operating condition, the overhead electrical wire has ~ 4 � • been installed and the trolley car has been demonstrated to operate thereon. However, this limitation shall not preclude the Society from removing trees or placing track or electrical struc- tures east of Roosevelt necessary for the switch construction at the Roosevelt and W. Mountain intersection. 3. The City Manager is authorized and encouraged to negotiate further with the Trolley Society to explore and examine possible alternate sites for the location of the trolley in an acceptable area within the City. 4. Society shall grant a security interest to the City in all assets of the Society to secure performance of the construction agreement. 5. Any agreement negotiated pursuant to this Resolution shall super- sede all previous agreements and schedules adopted pursuant thereto. Passed and adopted at an adjourned meeting of the Council of the City of fort Collins held this 24th day of April , A. D. 1984. Mayor ATTEST: pity y C erc -2-